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HomeMy WebLinkAboutMinutes_Regular_06/09/1994VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407)575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL MEETING MINUTES JUNE 9, 1994 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a regularly scheduled meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, June 9, 1994. The meeting was called to order at 7:00 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, the Recording Secretary. Council members present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, Joseph N. Capretta, and Vice Mayor William E. Burckart. Earl L. Collings was absent from the meeting. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, Department Heads, and Village Attorney John C. Randolph. II. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor William E. Burckart gave the Invocation and led those in attendance in the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA Councilmember Schauer requested the following changes in the agenda: Under ANY OTHER MATTERS add the Delray Beach Ordinance in regard to the School Board, the Jupiter Pier, the Lighthouse Gallery and BRITT. Vice Mayor Burckart requested addition of R3 zoning under NEW BUSINESS. Village Manager Bradford requested review of correspondence and response to the Loxahatchee River District regarding septic tank study under ANY OTHER MATTERS, Mayor Mackail requested addition of discussion of an issue with the school and report on the Lantana Plan under ANY OTHER MATTERS. Councilmember Schauer moved that the Agenda be approved with additions as noted. Councilmember Capretta seconded the motion. The vote on the motion was: ,.~, Ron T. Mackail - for ;,~,, William E. Burckart - for RecUCled Paver Village Council Meeting Minutes June 9, 1994 Page 2 ------------------------------- Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved with additions. IV. CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and will be enacted by one motion. V. APPROVAL OF MINUTES AND REPORTS *A) Board of Adjustment - April 18, 1994; *B) Board of Trustees Firefighter's Pension Fund - March 3, 1994; *C) Village Council Meeting - May 12, 1994; *D) Village Manager's Report - May 9 - June 3, 1994. Councilmember Schauer moved that the Consent Agenda be approved as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Consent Agenda was approved as submitted. VI. COMMITTEE REPORTS A) Redevelopment Committee - May 18, 1994 V it 1 a g e Manager Bradford reported that at the meeting on May 18, 1994, the Committee reviewed the interim report of Mr. Gonot of PMG Associates, who gave an overview of his progress and stated he would recommend to the Village Council that they create a Community Redevelopment Agency. After discussion, the Committee made a motion to recommend to the Village ~. Council that they proceed with the CRA and have staff ~; outline plan (A) steps necessary to create a CRA, plan (B) recommend CRA boundaries, and plan (C) recommend project Village Council Meeting Minutes June 9, 1994 Page 3 ------------------------------- area boundaries. Councilmember Burckart moved to approve the Redevelopment Committee Meeting Minutes of May 18, 1994, as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - Abstain Joseph N. Capretta - for The motion was therefore passed and adopted. B) Public Safety Committee - May 19, 1994 Village Manager Bradford reported the Public Safety Committee had received a status report on major code enforcement cases from Deputy Building Official Steven Kennedy who also serves as Code Enforcement Officer. He reviewed the status of the LaDuca and Walters cases. The Committee made it clear to Mr. Kennedy that they wanted expeditious code enforcement and code enforcement was to be a priority and that there would be no excuses relative to delays in public safety matters affecting public safety such as improper screening and/or fencing of swimming pools. The Committee asked Deputy Building Official to make Scott D. Ladd, Building Official, aware of their interest in expeditious code enforcement regarding public safety because many of those matters require action by the Building Official in a timely manner to start the process of padlocking or securing property, etc. The Committee received a report from Fire Chief Weinand regarding the draft of the Fire-Rescue Impact Fee Ordinance developed by the Department in conjunction with the Village Attorney's office. The Committee recommended acceptance of the ordinance and to proceed with same to Village Council, which is on the agenda for tonight's meeting. The Committee also suggested that staff work on the creation of a Police Department Impact Fee. Fire Chief Weinand also presented a Fire-Rescue Cost Recovery Ordinance which was a procedure to collect funds from those responsible for accidents and liability associated with hazardous materials incidents. Committee recommended adoption of this ordinance A~ also, which also appears on the agenda for tonight's Village Council ,~ Meeting Minutes June 9, 1994 Page 4 ------- ------------------------ meeting. The Committee reviewed the recommendation for purchase of the police and fire rescue vehicles that was approved by adoption of the Consent Agenda at tonight's meeting. Committee Chairman Capretta reviewed the status of utilizing auxiliary police volunteers in traffic details, particularly on Country Club Drive. Chief Roderick was on vacation at that meeting but he will be reporting on the viability of doing that at the next Public Safety Committee meeting. Committee Chairman Capretta inquired as to the status of the no-thru truck signs necessary to enforce prohibition of trucks on Country Club Drive, and those signs have been ordered. Village Manager Bradford pointed out an error in the minutes of the committee meeting in Article VII, Any Other Matters, on page 5, paragraph 2, "Fire Chief" should be "Police Chief". Discussion was held upon the Florida Department of Transportation activities regarding the changing of medians and ingress and egress points on U.S. One from the Jupiter Bridge to County Line Road. } Police Lieutenant Allison presented information regarding a credit-card size device that can be purchased for approximately $900 that could possibly be embedded in Country Club Drive which would record traffic information, and he is pursuing this matter. The Committee received a report regarding Lighthouse Gallery's desire to close Tequesta Drive for a 2-day period. The Committee requested contact be made with Lighthouse Gallery to work out details to minimize the impact of this closing on the Village. Councilmember Schauer moved to approve the Public Safety Committee Meeting Minutes of May 19, 1994, as submitted. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. VI. NEW BUSINESS A) Presentation of Findings of the Financial Feasibility Study Performed by PMG Associates Relative to the Christopher's Village Foundation, Inc. Town Center Concept Village Meeting June 9, Page 5 Council Minutes 1994 Plan. Phil Gonot, Vice President, PMG Associates. Councilmember Capretta moved to table Item A. Vice Mayor Burckart seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - Abstain Joseph N. Capretta - for The motion was therefore passed and adopted. A)(new) Discussion of R3 Zoning (Vice Mayor Burckart) Vice Mayor Burckart requested the Council consider a change to some of the standards in the R3 zoning to increase heights and change setbacks in order to provide an incentive for the properties on Jupiter Island to annex to the Village, which would increase the tax base for the Village. Councilmember Schauer questioned whether this would affect the Cliveden Project. Vice Mayor Burckart answered it would allow that project to proceed, but would also encourage other properties to come into the Village. Both Councilmember Capretta and Mayor Mackail stated they would consider this matter but felt more facts were needed. Building Official Scott D. Ladd commented that more land from Jupiter Island would need to be annexed before these changes would affect any undeveloped property since the proposed Cliveden project would be built on the only remaining vacant parcel within the Village. Village Attorney Randolph clarified that the lawsuit presently pending in connection with the Cliveden project has nothing to do with future zoning the Council might consider for the property. The lawsuit only relates to the contention by plaintiffs that the Zoning Board of Adjustment did not have the right to grant the variances it granted. Mayor Mackail requested staff compare the proposed zoning changes to current zoning; analyze whether those properties have a desire to annex, and analyze the economic impact of annexation. When in possession of that information the Council would be able to consider the impact on the Cliveden project. Vice Mayor Burckart asked the Council to consider the opportunities and to see what the negative effects would be. Councilmember Schauer asked that no decision be made on this matter until the season when Beach Road residents would Village Council Meeting Minutes June 9, 1994 Page 6 ------------------------------- be back. Building Official Ladd was directed to find how many parcels of land remain on Beach Road that would be affected in addition to parcels currently within Tequesta; to determine existing setbacks and building heights not in conformance with current zoning; to determine the economic impact of the increased tax base to the Village; and to determine the impact on existing units on Beach Road in regard to ft}ture remodeling, and to report back to the Council. B) Ordinance - First Reading - Amending Chapter 11.5 of the Code of Ordinances at Section 11.5-21 Relating to the Prohibition of Parking of Vehicles, Boats, Machinery, Etc. on Swales Adjacent to Tequesta Drive and Country Club Drive within the Village. (Staff Recommends Approval) Village Attorney Randolph read the above-referenced Ordinance by title only: °AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 OF THE CODE OF ORDINANCES AT SECTION 11.5-21 RELATING TO THE PROHIBITION OF PARKING OF VEHICLES, BOATS, MACHINERY, ETC. ON SWALES ADJACENT TO TEQUESTA DRIVE AND COUNTRY CLUB DRIVE WITHIN THE VILLAGE; PROVIDING FOR PERMITS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.° This ordinance had been postponed from the last Village Council meeting in order to amend it to allow parking by service vehicles and Village emergency and maintenance vehicles. Discussion followed whether to limit parking to evening hours with parking prohibited after midnight, or to prohibit parking at all times. Village Attorney Randolph stated he agreed with the Police Chief that language in section C2 of the ordinance, "when parked during the actual time work is being performed in the swale area adjacent to a residence", sounded like the work had to be performed in the swale area. Village Attorney suggested this section C2 be changed to read "Service vehicles such as landscape maintenance vehicles, plumbers, electricians, or other contractors park adjacent to the residence at which work is being performed and only during the time the work is '~ actually being performed." Village Council Meeting Minutes June 9, 1994 Page 7 ------------------------------- Fred Millen, 423 Beacon Street, questioned why the ordinance covered only Tequesta Drive and Country Club Drive, and requested it be for the whole town. It was the consensus of the Council to apply the ordinance to all the streets in Tequesta. Village Manager Bradford pointed out many older homes in town only have single-car garages and rely on swale parking because they have no other place to park. Village Attorney Randolph suggested the title of the ordinance be changed as follows and read the ordinance on first reading: "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 11.5 OF THE CODE OF ORDINANCES AT SECTION 11.5-21 RELATING TO THE PROHIBITION OF PARKING OF VEHICLES, BOATS, MACHINERY, ETC. ON UNPAVED SWALE AREAS ADJACENT TO FUBLIC STREETS WITHIN THE VILLAGE; PROVIDING FOR PERMITS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Village Attorney Randolph stated each reference to "Tequesta Drive and Country Club Drive" in the ordinance would be replaced with "prohibition shall apply to the unpaved Swale areas adjacent to public streets." Joe Hall of Country Club Drive questioned the word "unpaved" and asked if a swale could be paved and therefore parking would be allowed. Building Official Scott D. Ladd responded there is now an ordinance which prohibits paving of Swale areas. Village Attorney Randolph stated the way the ordinance now being considered is worded that parking in existing paved swales would be permitted, and was directed by Council to remove the word "unpaved". Bill Shannon, 46 Chestnut Trail, questioned whether a driveway that crosses a swale area and is dipped would be a paved Swale area and pointed out there are commercial establishments that utilize Swale paved parking for their customers, and asked the Council to consider this. It was the consensus of the Village Council to proceed with the city-wide ban with the Chief of Police to report before second reading on July 14 as to the potential impact. Councilmember Schauer moved to approve on first reading the ordinance with suggested changes by Village Attorney Randolph. Councilmember Capretta seconded the motion. The p~ vote on the motion was: Village Council . Meeting Minutes June 9, 1994 Page 8 --------------- Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. Vice Mayor Burckart left the meeting at 7:50 P.M. C. Consideration of Request of Lighthouse Gallery Board of Directors to Barricade Tequesta Drive on November 19 and November 20, 1994; Use of Gallery Square North Parking Area for Exhibitors and Other Activities and to Display Banners on Tequesta Drive Advertising the 31st Annual ~irts and Crafts Festival. (Staff recommends approval) Village Manager Bradford stated the conditions recommended: Prior to the event to provide the Village a certificate of insurance in the amount of $1,000,000 naming Tequesta additional insured, Lighthouse Gallery responsible for cleanup, provision of a minimum of two off-duty police officers for proper traffic control and public safety, to hire additional police officers to provide security for the exhibits during the night, provide necessary barricades and traffic controls, rope off swales in front of homes to prevent swale parking, and prohibit trolley from stopping in exit area for f ire trucks . Councilmember Schauer moved to approve the request by Lighthouse Gallery. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. D) Ordinance - First Reading - Amending Chapter 9 of the Village Code of Ordinances Relating to Fire Protection and Prevention by Including a New Article III Relating to Hazardous Substances and Hazardous Waste. (Staff Recommends Approval) Village Attorney Randolph read the above-referenced Village Council Meeting Minutes June 9, 1994 Page 9 Ordinance by title only: °AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 9 OF THE VILLAGE CODE OF ORDINANCES RELATING TO FIRE PROTECTION AND PREVENTION BY INCLUDING A NEW ARTICLE III RELATING TO HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE; PROVIDING FOR DEFINITIONS; PROVIDING FOR AUTHORITY TO INITIATE ACTIONS; PROVIDING FOR RECOVERY OF COSTS OF HAZARDOUS SUBSTANCE AND HAZARDOUS WASTE CLEANUP; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.° Fire Chief Weinand explained this Ordinance would provide protection to the Village so that the cost of cleanup could be recouped by the Village in the case of a hazardous waste spill. Councilmember Schauer moved to approve the above-referenced Ordinance on First Reading as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: ,nom, Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. E) Ordinance - First Reading - Creating a Village Code Chapter to be Entitled Impact Fees; Levying Impact Fees for Fire-Rescue Services on New Construction within the Village; Stating the Applicability of Such Fees to all New Construction Subject to Certain Exceptions; Providing for Determination and Review of the Impact Fee Amounts Every Other Year and for Adjustments Based on Cost Increases; Establishing a Schedule for Impact Fees; Providing for Payment of Such Fees In Cash unless an In Kind Contribution is Accepted by the Village Council; Creating Capital Expansion Trust Funds for Fire-Rescue Services; Requiring Deposit of Impact Fees in the Appropriate Trust Fund; Limiting the Use of Amounts in Such Trust Fund; Requiring the Preparation and Maintenance of a Capital expansion Plan for the Trust Fund; Establishing Time for Payment of Such Fees; Prohibiting Issuance of Building Permits without Village Council ~r~ Meeting Minutes June 9, 1994 Page 10 ------------------------------- Payment of All Fees. (Staff Recommends Approval) Village Attorney Randolph read the above-referenced Ordinance by title. Fire Chief Weinand stated he planned to ask Jupiter Inlet Colony to adopt a similar ordinance. Mayor Mackail commented on negative publicity by the Palm Beach Post and Jupiter Courier regarding the proposed impact fees being three times the value that Palm Beach County is charging, and stated this is a good ordinance and an opportunity for the Village. Fire Chief Weinand commented the rates are exact since all new equipment had been purchased for the Fire Department and the cost of each item was known; and since nothing had depreciated, the rates were higher, and that the rates equal Stuart's parks and recreation impact fees. Councilmember Capretta questioned what the cost of impact fees would be for a new home. Building Official Scott D. Ladd stated impact fees were based on the square footage of the building. Gary Van Brock questioned how the fees are determined, which was explained by Fire Chief Weinand. Mr. Von Brock told the Council they had tried to entice developers to come into the area but building and impact fees are higher in Tequesta than in Martin and Palm Beach Counties. He stated that taxes are collected twice on building permit fees because subcontractors also have to pay building permit fees. He asked the Council not to discourage development by increasing fees to the point of scaring new construction away. Councilmember Schauer moved to approve the above-referenced Ordinance on First Reading as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. F) Resolution No. 14-93/94 - Providing for Amendments to the Village Budgets Adopted for the Fiscal Year Commencing October 1, 1993. (Staff Recommends Approval) Village Council Meeting Minutes June 9, 1994 Page it Village Manager Bradford commented during the next six weeks staff would be working on budget for Fiscal Year 1995 and that now amendments were needed to the budget for expenditures and revenues that would help document actual transactions to date as opposed to budgeted items, and read aloud a list of those transactions which the Village Council would approve by approving Resolution No. 14-93/94. Village Attorney Randolph read Resolution No. 14-93/94 by Title: °A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FALK BEACH COONTY, FLORIDA, PROVIDING FOR AMENDMENTS TO THE VILLAGE BUDGETS ADOPTED FOR THE FISCAL YEAR COMI~AiCING OCTOBER 1, 1993.° Councilmember Schauer stated she had requested BRITT and Lighthouse Gallery be added to the Agenda under Any Other Matters, but now asked whether the contributions to those as well as to Jupiter High School Booster Band and JTAA parade should be made permanent budget items or only if requested. Village Manager Bradford stated he would prefer these contributions be requested due to the size of the budget, and commented traffic engineering services could be reduced if the credit-card size traffic device being researched by Lieutenant Allison turned out to be feasible. Councilmember Capretta asked when the percentage of water surtax to non- Tequesta residents would be raised from 8~ to 25~; Village Manager Bradford answered this was scheduled for July or August. Councilmember Schauer moved to approve the Resolution No. 14-93/94 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. *G) Consideration of Authorization for Staff to Purchase Two (2) 1994 Chevrolet R-5 Blazers at $21,775 Each from Steve Moore Chevrolet, Greenacres City, Florida, and One (1) 1994 Ford Crown Victoria, or Similar Vehicle, at $13,998 from Don Reid Ford of Maitland, Florida, for the Police Village Council ,, Meeting Minutes June 9, 1994 Page 12 Department Investigative Services Division with Funding to be Provided From the General Fund Undesignated Balance Established at $623,345 as of September 30, 1993. (Staff Recommends Approval) Item G was approved under V. Consent Agenda H) Resolution No. 15-93/94 - Appointing William M. Sharpless to the Board of Trustees to the Tequesta Firefighter's Pension Trust Fund. (Staff Recommends Approval) Village Manager Bradford provided background on the requirements under Florida Law necessary to select a fifth Board member and Mr. Sharpless' qualifications. Village Attorney Randolph read Resolution No. 15-93/94 by Title: °A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE -` OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPOINTING WILLIAM M. SHARPLESS TO THE BOARD OF TRUSTEES TO THE TEQUESTA FIREFIGHTER'S PENSION TRUST FUND. Councilmember Schauer moved to approve the Resolution No. 15-93/94 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. VIII. UNFINISHED BUSINESS A) Ordinance No. 473 - Second Reading - Amending Section 13.1 of the Village Code of Ordinances Relating to Planning and Development at Article VI so as to Provide that the Village Council May Require Development Agreements for any Proposed Development within the Village. (Staff recommended approval). Village Attorney Randolph gave the second reading of Ordinance No. 473 by title only: °AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH Village Council Meeting Minutes June 9, 1994 Page 13 COUNTY, FLORIDA, AMENDING SECTION 13.1 OF THE VILLAGE CODE OF ORDINANCES RELATING TO PLANNING AND DEVELOPMENT AT ARTICLE VI SO AS TO PROVIDE THAT THE VILLAGE COUNCIL MAY REQUIRE DEVELOPMENT AGREEMENTS FOR ANY PROPOSED DEVELOPMENT WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE." Councilmember Schauer stated the North County Education Committee was impressed with this ordinance. Councilmember Schauer moved to approve Ordinance No. 473 as submitted. Councilmember Capretta seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted. X. ANY OTHER MATTERS Councilmember Schauer deleted Lighthouse Gallery and BRITT from the matters she had requested placed on the agenda. She requested the Village Manager call Delray Beach to find out the form their intent to pull away from the Palm Beach County School Board has taken. Mayor Mackail agreed with Councilmember Schauer and commented education should be included in the comprehensive plan which exists for roads, infrastructure, and housing. He stated that the School Board was not able to deal with the size of their responsibilities and suggested creation of a number of smaller boards . He suggested that Tequesta should be one of the leaders to set the foundation of how to accomplish the goals of more input, control, and accountability to present to legislators. Councilmember Schauer stated she had attended a meeting regarding the proposed Jupiter Pier which would affect Tequesta, and asked if the Council would like a presentation on the pier. Alec Cameron spoke in support of the fishing pier and intended to help Commissioner Marcus on the committee. Mr. Village Council ~~. Meeting Minutes June 9, 1994 Page 14 Cameron responded to Mayor Mackail's request that he would be happy to make a presentation when Council desired. Village Manager Bradford reported Loxahatchee River Environmental Control District (ENCON) had sought a permit from the Department of Environmental Protection for a low- pressure sewer system within large portions of Tequesta including Tequesta Country Club, Tequesta Country Club Point, and newly annexed areas on Riverside Drive and possibly other areas. In response, Tequesta filed for a time extension to make a response to this request for permit, which the State granted, and which expired May 31, 1994. Prior to the expiration Tequesta filed a petition for hearing to object to the issuance of the permit. On May 31 a letter was received from the ENCON Board Chairman stating because of Tequesta's objection and position that a study should first be conducted, they had employed the services of an engineering firm to prepare a specification for the study, and asked that Tequesta participate in this study and abide by its results, and asked for a response before their June 16 Board Meeting. Village Manager Bradford had prepared two responses for the Council's consideration. A short version basically stating discussion would be delayed until litigation was over and a longer version stating conditions under which Tequesta would participate. Mayor Mackail inquired what ENCON's position was in regard to agricultural runoff pollution in Martin County, which as far as he knew was not participating to protect their citizens. Village Manager Bradford stated that unlike Martin County, Tequesta was trying to help their citizens and was impacted and environmentally affected by virtue of ENCON's request for permit. Councilmember Capretta stated he would like to see data that septic tanks are polluting the river, and requested that the ENCON representative be asked to give a presentation. Councilmember Schauer stated it was her understanding that the same problem exists in the Florida Keys and they have been unable to prove pollution from septic tanks. Mayor Mackail stated that Tequesta's position should be that a low-pressure system is out of the question. It was the consensus of the Council that the short response be sent to ENCON at this time. Mayor Mackail reported Metamorphis has been working to rebuild Jupiter High School, which is 57th on the projects list. Since Palm Beach County School Board had pledged to Village Council ~;,,. Meeting Minutes June 9, 1994 Page 15 ------------------------------- renovate all coastal schools before 1995, Mayor Mackail requested inquiry be made as to their position on Jupiter High School. Mayor Mackail reported he and Village Manager Bradford had spent time in Lantana and gave an overview of the Lantana Plan: They set minimum property standards and attempted to get the city to establish standards. Their Mayor has worked for two years to bring homes up to par, provide landscaping, and beautify the community. The support for this program was from a survey of the citizens whose response was very favorable. A program was created through the Chamber of Commerce to help citizens who needed financial or physical help which utilized Boy Scouts, Explorers, volunteers from their police department and others. They have 33 code enforcement officers who report to a Special Master, who is selected from a pool of attorneys qualified in this area of law who apply to act as a judge. The results have been extremely positive and enthusiasm for the program is very high. Another program Lantana has instituted is called CARE (Cops Adopting Elderly Residents). They also have a park walk and talk program throughout the community. Councilmember Schauer requested a meeting with Lantana representatives. Councilmember Capretta stated the present system is negative, wherein the Lantana plan is positive. Mayor Mackail asked Village Manager Bradford to read the ordinance and look into how such plan could be adopted for Tequesta and report to the Council. X. COMMUNICATION FROM CITIZENS Alec Cameron, 1 Garden Street, spoke as President of Gardens Condominium, and was concerned about evacuation during a hurricane, and stated he did not believe Tequesta is in the surge area. He asked for clarification whether a warning by Village officials was mandatory, and was told it was not. Carlton Stoddard, Golf view Drive, commended the Council for their positive approach to community appearance. He stated the grass and weeds on the downtown Doerner property were 2- 1/2 feet high, and the downtown area needs to be dressed up. He cautioned against the danger of gravity sewers next to _ the river, and stated ENCON should be notified the expense could run as high as $15,000 per home. He commended Village Council ,,. Meeting Minutes June 9, 1994 Page 16 ------------------------------- Councilmember Schauer on her position of not changing zoning until residents are in the area. XI. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Councilmember Ca~retta seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for the motion was therefore passed and adopted and the meeting was adjourned at 9:00 P.M. Respectfully submitted, i Betty our Recording Secretary ATTEST: J ann Manganiel o Village Clerk DATE APPROVED: ~~ ~,-~ G~ i99 ~